How Can I Claim My Unpaid Salary and Gratuity Without Revealing New Job Details?

Dear Sir, I have worked in a private organization for more than 9 years. I started from a very junior position and was promoted to a very senior position within the organization over the 9 years.

Recently, I resigned from the organization by providing a 30-day notice period, as stipulated in my appointment letter. On the last day, my employer issued an outstanding due and final settlement letter, detailing my salary for 9 days and accrued leave amounting to Rs. 75,000. The letter also states that upon signing and receiving this amount, I cannot claim for any ESI, PF, and Gratuity. Despite this, I had to sign it as I needed the experience letter, which was only provided after signing.

However, the employer has not paid me the aforementioned amount of Rs. 75,000 for the 9 days' salary and accrued leave. The employer is now inquiring about my new employment details, which were not mentioned in either the appointment or final settlement letter. My questions are:

1) Can I claim the Rs. 75,000 without disclosing my new employment details?
2) Am I still eligible to claim the gratuity amount even though I have signed the final settlement letter?

Thank you for your assistance.

1) Did you receive your full and final settlement amount?
2) What was your designation and salary at your ex-company?

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1) No, I have not received the full and final settlement amount. The employer is asking for my new employment details before releasing the amount, but I don't want to share this information.

2) I was a Senior Project Manager at the time of resignation. My salary was around $1.16 million per month.

Was your previous organization engaging 10 or more all-inclusive employees? If yes, then the act is applicable to it. Did you claim gratuity formally?

Yes, there are more than 20 employees.

No, I have not asked for gratuity yet. It has been more than 45 days since my last day there. So, does it mean I can still ask for gratuity even if I have signed a final settlement document that didn't include the gratuity amount?

Also, is it necessary to declare the new employment details at the time of resignation?

Thank you for your help.

Dear friend,

Whatever the reasons you provided for your resignation, once it was accepted by your employer and you were relieved after serving the notice period as per the contract of employment, your employer has no right to stipulate any conditions for your F&F Settlement. Your acceptance of the illegal conditions forced upon you by your employer on the eve of your relief cannot preclude you from claiming your legal dues by instituting appropriate legal proceedings.

You have to write formally to them; email is good enough regarding the non-receipt of gratuity in the Full and Final (F&F) amount. Wait for 2-3 days for a reply. If you don't receive any response, gently inform them that you may be compelled to contact the labor department for the same. Wait for another 2-3 days. If you still receive no reply, approach the government labor officer having jurisdiction over your former employer's office area.

Even if you have not formally claimed gratuity, it was their bounden duty to include the gratuity amount in the F&F amount. Without the gratuity amount, it was neither a full nor final payment.

Clarification on PF, ESI, and Gratuity

As regards PF, ESI, and Gratuity, the legal position is clarified:

1. PF: PF coverage continues unless you remain unemployed for six months. Thereafter, it can be claimed. Presuming that you were working in a PF non-exempt organization and you are joining a new organization, you have to fill up Form 11 to continue your PF.

2. ESI: Nothing is due to you under ESI; your coverage under the ESI Scheme continues until the expiry of the benefit period for which contribution has been paid by you. If you are still covered under ESI (Wages < Rs. 21,000 pm) and your new organization is in an ESI covered area, you will continue to be covered under the ESI Scheme.

3. Gratuity: It is the statutory liability of the employer to pay you gratuity within 30 days of your leaving the service, failing which you are liable to be paid interest. It is not necessary that you have to apply for it. The Labour Officer of your area is the Controlling Authority competent to hear the matter.

4. Leave Encashment: As regards leave encashment, if you were working in a factory, it is necessary to pay you leave wages within two days of your leaving service. This provision is stated in the Factories Act 1948.